Legal Opinion

People v. Bennett

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1991Published

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered December 14, 1989, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court’s inadvertent delay in delivering a requested no adverse inference charge, pursuant to CPL 300.10 (2), deprived him of a fair trial is unpreserved for appellate review, as no objection was made to the charge on that ground (see, People v Whalen, 59 NY2d 273; People v Debroux, 133…

2Cases cited3 opinions

  1. People v. WhalenNew York Court of Appeals · 1983
  2. People v. DebrouxAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. HallAppellate Division of the Supreme Court of the State of New York · 1986

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